Constant Employment Tribunal claims based on Job Ad discrimination

[tealover]

Hi All,
My first post here.
I'm going to ET because of a job advert we put out.
I have now found court files about the claimant's previous ET cases.
In less than 2 years, we're the 6th company he has taken to ET, and all cases are about discrimination of job advert/interview.

In a previous court file, the judge has specifically said:

"The tribunal concluded, unanimously, that this was indeed a vexatious
claim....
...the tribunal concluded that this was a cynical attempt by the
claimant to profit from legal proceedings brought against these respondents.
The evidence indicates a pattern of behaviour in which the claimant seeks
to find prima facie discriminatory conduct and then to bring proceedings to
profit from that discovery."

He has now done the same thing to us.

In another court case, the judge has said:

"the Tribunal’s further conclusion was that the claimant would not be
able to persuade the Tribunal that he was genuinely interested in the role."

His actions are costing businesses a lot of money, and now we have the stress and anxiety of going to ET.

Do you guys know of any such ET cases were a claimant has a history of making such claims repeatedly that we could rely on in court?

Thanks a lot.

[efpom]

But you have the evidence you seek - the previous tribunals files. It is open to you to make an application to the tribunal to strike out the claimant's case on the ground that the claimant is a vexatious litigant and that the claim does not have any prospect of success.

[tealover]

But you have the evidence you seek - the previous tribunals files. It is open to you to make an application to the tribunal to strike out the claimant's case on the ground that the claimant is a vexatious litigant and that the claim does not have any prospect of success.

Thanks for the advice.
Well the hearing is in 2 weeks, when is it too late to make such an application?

[efpom]

https://www.legislation.gov.uk/uksi/...agraph/37/made

[ULA]

As efpom says you already have the evidence you need in the tribunal cases you have found, if you can find any of the others and the judgements handed down, which if they are on a similar theme will further strengthen your case.

When you make your application citing a vexatious litigant you refer to the cases with their case reference numbers and provide the quotes from the judge.

[tealover]

https://www.legislation.gov.uk/uksi/...agraph/37/made

Thanks a lot for the link provided.
Just to let you know, the claimant missed the deadlines set out in the case management orders.
I did apply under rule 37 for the case to be struck out, however the ET gave us new deadlines to meet and said we must make sure the case is ready for hearing. Of course back then I didn't come across the claimant's previous ET cases.

Can I apply again under the same rule (37) on the basis of the case being vexatious?
And if I make this application, would I need to CC in the claimant as well?

[efpom]

Yes and Yes

[tealover]

Yes and Yes

Thank you so much for your help.
One last question, is there an official application form that I need to fill in for this, or would I be able to do this by simply sending an email to the ET dealing with our case?

[ULA]

There is no offical application form but there is a "set of wording" that should be used in a letter that would then be attached to an email sent to the Tribunal and copied to the claimant.

Here is a template which may help you Application to the Tribunal template.docx